HomeMy WebLinkAboutRES-99-6011 (ASSESSMENT DIST./MYRTLE)1
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RESOLUTION NO. 99-6011
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH MAKING DETERMINATIONS,
CONFIRMING ASSESSMENTS AND PROCEEDINGS, AND
ORDERING THE ACQUISITION OF THE IMPROVEMENTS,
DESIGNATING THE CITY TREASURER TO COLLECT AND
RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL
FUND FOR ASSESSMENT DISTRICT NO. 97-1 (MYRTLE
AVENUE UTILITY UNDERGROUNDING)
99-5990 (the
"Resolution of Intention") declaring its intention to order the acquisition and construction of the
improvements described in the Resolution of Intention (the "Improvements") and to form
Assessment District No. 97-1 (Myrtle Avenue Utility Undergrounding) (the "Assessment District")
under the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California
Streets and Highways Code, "the Act"); and
WHEREAS, this City Council has heretofore approved a report prepared by Berryman &
Henigar (the "Assessment Engineer") under and pursuant to the Act and, in particular,
Section 10204 of the California Streets and Highways Code (the "Engineer's Report"); and
WHEREAS, this City Council fixed July 13, 1999, at the hour of 7:30 o'clock p.m. at the
regular meeting place of the City, 1315 Valley Drive, Hermosa Beach, California, as the time and
place of hearing protests and objections to the improvements proposed in the Engineer's Report to
be made, the extent of the Assessment District proposed to be created, and/or to the proposed
assessment; and
WHEREAS, the City Clerk has caused notice to be given of the passage of the Resolution
of Intention, the filing of the Engineer's Report and the time and place and purpose of said hearing,
all as required by the Act and by Section 53753(c) of the California Government Code and Article
XIIID, Section 4 of the California Constitution ("Article XIIID"); and
WHEREAS, the City Clerk has filed with this City Council an affidavit setting forth the
time and manner of the compliance with the requirements of the Act for mailing of said notice; and
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WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting forth
the Improvements to be acquired and constructed and the adjusted assessments, if any, and the
Final Report has been filed with the City Council and has been available for review by the property
owners within the proposed Assessment District; and
WHEREAS, on July 13, 1999 at the time and place stated in the aforesaid notice, a hearing
was duly held by this City Council and, during the course of said hearing, the Final Report was duly
presented and considered, all written protests and objections received, if any, were duly presented,
. . .. _ . . A --
matter of said Final Report were heard, and a full, fair and complete hearing has been conducted;
and
WHEREAS, this City Council has received all ballots filed with the City Clerk prior to the
conclusion of the hearing, and the Assessment Engineer on behalf of the City Clerk has counted all
ballots for and against the formation of the Assessment District as provided in Article XIIID; and
WHEREAS, this City Council has considered the assessment proposed in the Final Report
and the evidence presented at said hearing; and
WHEREAS, it appears that the City Treasurer is covered by a blanket fidelity bond
covering the faithful performance of the duties imposed by law in an amount deemed by this City
Council to be adequate- and
WHEREAS, under the provisions of Section 10424 of the California Streets and Highways
Code, funds collected by the City Treasurer pursuant to an assessment under the Municipal
Improvement Act of 1913 are required to be placed in a special improvement fund designated by
the name of the assessment proceeding; and
WHEREAS, there has been presented to this City Council an agreement with Southern
California Edison (the "Edison Agreement") meeting the requirements of Section 5896.9 of the
Streets and Highways Code;
NOW, THEREFORE, the City Council of the City of Hermosa Beach DOES HEREBY
FIND, DETERMINE, RESOLVE AND ORDER as follows:
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SECTION 1. The public hearing referred to in the recitals hereof has been duly held, and
each and every step in the proceedings prior to and including the hearing has been duly and
regularly taken. This City Council is satisfied with the correctness of the Final Report, including
the assessment and diagram and the maximum annual assessment for administrative expenses, the
proceedings and all matters relating thereto.
SECTION 2. The property within the Assessment District to be assessed as shown in the
Final Report will be benefited by the Improvements.
appeals made in regard to these proceedings. The City Council further finds and determines that a
majority of the ballots received are in favor of the assessment. In tabulating the ballots, the ballots
were weighted according to the proportional financial obligation of the affected property.
SECTION 4. This City Council orders the proposed Improvements to be acquired and
constructed in accordance with the Final Report and these proceedings.
SECTION 5. The amount of the assessments shown in the Final Report and the proposed
maximum annual assessment per parcel for administrative expenses shown are confirmed and are
fixed in said amounts.
SECTION 6. The amounts to be assessed against the individual parcels shown on the
assessment diagram contained in the Final Report are hereby approved and confirmed; and the City
Council is authorized and directed to endorse the fact and date of such approval on the Final
Report.
SECTION 7. The assessment diagram and assessment is to be placed on file in the office
of the Superintendent of Streets, and the City Clerk is authorized and directed to record, or cause
to be recorded, the assessment diagram and assessment in the office of the County Recorder as
required by Sections 3114, 10401 and 10402 of the California Streets and Highways Code; and the
City Clerk shall record, or cause to be recorded, a Notice of Assessment as required by
Section 3114 of said Code.
SECTION 8. The Superintendent of Streets is authorized and directed to give notice of
the recordation of the assessment, as provided in Section 10404 of said Code.
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SECTION 9. The City Treasurer is designated to receive the assessments paid during the
30-day cash payment period that shall commence on the date of recording the assessment diagram
with the County Recorder.
SECTION 10.The Edison Agreement is approved and the City Manager is authorized on
behalf of the City to execute the Edison Agreement.
SECTION ILThis Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED this 13th day of July, 1999,
of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
U aL
CITY ATTORNEY
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 99-6011 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at a Regular Meeting of
said Council at the regular place thereof on July 13, 1999.
The vote was as follows:
AYES:
Bowler, Edgerton, Reviczky, Mayor Oakes
NOES:
None
ABSTAIN:
None
ABSENT:
Benz
DATED: July 19, 1999
Deputy City Clerk